Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 2170 of 2019 Petitioner :- Aman Jain Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alok Rai Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Navin Singh, Advocate, holding brief of Sri Alok Rai, learned counsel for the petitioner, Sri A.N. Mulla, learned AGA and perused the impugned F.I.R. as well as material brought on record.
The relief sought in this petition is for quashing of the F.I.R. dated 14.11.2018 registered as Case Crime No. 1645 of 2018, under sections 354, 279, 504, 506 IPC P.S. Phase III Noida District Gautam Budh Nagar.
Learned counsel for the petitioner submits that the case alleged in the F.I.R. is that while the wife (informant) on a family way, was going on a two wheeler driven by her husband for a medical check up, a BMW vehicle dashed against the two- wheeler, husband of the informant admonished the driver of BMW for reckless driving, over which the latter along with other co-accused assaulted the husband and when the informant went to rescue her she too was assaulted and dragged the informant into their BMW vehicle and misbehaved with her. It is submitted by learned counsel for the petitioner that the CCTV footage gives a complete picture coupled with no injuries to the victim.
Learned A.G.A, opposed the prayer for quashing of the F.I.R, which discloses cognizable offence.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out, investigation is pending, no ground exists for quashing of the F.I.R or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed. Order Date :- 29.1.2019 Ram Murti